Illinois Funeral Directors Assoc.above the Law-yourfuneralguy

5 Aug

The Illinois Funeral Directors Association believes it's gentleman's agreement with politicians places it above the law.

The Illinois Funeral Directors Association believes it's gentleman's agreement with politicians places it above the law.

The Illinois Funeral Directors Association believes they are above the Law. This is according to details of their lawsuit reported last Friday. The Comptroller of the State of Illinois says that they stole the money out of the IFDA Preneed trust. Rather than face up they have decided to do a lawsuit against the Comptroller.

Now the average working stiff when caught stealing  10-100 million dollars does not usually get to sue the police. It’s the jail house right away.

Illinois Comptroller Press Release:

“An audit by Hynes’ office determined the entity took more than the legally allowed amount of fees from 2000 to 2006.”

So the  IFDA leaders took the money. They try to justify their theft of money in a lawsuit:

via the State Journal Register, Newspaper:

“After Hynes demanded in May that IFDA return the fees, the association sued the comptroller in Cook County, saying it was entitled to the money. In its lawsuit, IFDA says former Comptroller Roland Burris in 1980 set the fee limit at 5 percent of principal for the trust, and the principal swelled to as much as $300 million.

However, the General Assembly amended the Burial Funds Act in 1989, limiting fees to 25 percent of earnings. There was no guarantee that the trust would earn any money, so the association turned to another section of state law governing trusts that allows trustees to collect “proper expenses” and “reasonable compensation.”

IFDA says it was trying to protect consumers when it collected fees larger than allowed by the Burial Funds Act.

Without reasonable compensation, IFDA Services would have been forced to cease operations and place thousands of Illinois consumers in the precarious and frightening position of losing the trustee of the funds they depended on for proper burial services,” IFDA said in its lawsuit.”

Now just because you have a gentleman’s agreement with likes of Roland Burris (D){Or a gentlewoman’s agreement with  Dawn Clark Netsch (R)} does not put you above the law.

William Statler An expert lawyer in these matters wrote an interesting article on the IFDA being above the law. Here is a snippet from his article:

the IFDA sought to enforce their gentleman’s agreement. Unfortunately for consumers and funeral directors, that agreement was flawed from the start”

The Illinois Funeral Directors Association failed to declare that it was taking more money out of the trust than allowed by law. They choose to fail  and operate above the Law.  Will the courts say the the IFDA is above the Law?

I HOPE NOT. Some high powered folks  in the funeral industry, the State of Illinois and the US Senate hope so.

Funeral Industry|Funeral Blog by Your Funeral Guy

You can read more on this here:

Illinois Funeral Directors Possible Felons

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